5 U.S.C. § 6306 — Annual leave; refund of lump-sum pay-

Page 812 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 6306 preceding paragraph (1) of subsection (c) of this section shall be applied by substituting ‘‘7 cal- endar days’’ for ‘‘30 calendar days’’. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 520; Pub. L. 89–747, § 1(1), (2), Nov. 2, 1966, 80 Stat. 1179; Pub. L. 90–623, § 1(16), Oct. 22, 1968, 82 Stat. 1313; Pub. L. 95–454, title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 96–54, § 2(a)(15), Aug. 14, 1979, 93 Stat. 382; Pub. L. 96–465, title II, §§ 2312(c), 2314(f)(2), Oct. 17, 1980, 94 Stat. 2167, 2168; Pub. L. 106–398, § 1 [[div. A], title XI, § 1133], Oct. 30, 2000, 114 Stat. 1654, 1654A–318; Pub. L. 118–31, div. A, title XI, § 1110, Dec. 22, 2023, 137 Stat. 428.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large (a) ............. 5 U.S.C. 2062(f). Oct. 30, 1951, ch. 631, § 203(f), 65 Stat. 680. Sept. 6, 1960, Pub. L. 86–707, § 401 ‘‘(f)’’, 74 Stat. 799. (b) ............. 5 U.S.C. 2061(c)(2). July 2, 1953, ch. 178, § 1 ‘‘(c)(2)’’, 67 Stat. 136. The words ‘‘in his discretion’’ are omitted as unneces- sary in view of the permissive grant of authority. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 2023—Subsec. (d). Pub. L. 118–31 added subsec. (d). 2000—Subsec. (c)(2). Pub. L. 106–398 amended par. (2) generally. Prior to amendment, par. (2) read as follows: ‘‘may not be made the basis for a lump-sum payment; and’’. 1980—Subsec. (a). Pub. L. 96–465, § 2312(c), inserted ‘‘(or after a shorter period of such service if the em- ployee’s assignment is terminated for the convenience of the Government)’’ after ‘‘outside the United States’’. Subsec. (b). Pub. L. 96–465, § 2314(f)(2), substituted ‘‘a chief of mission’’ for ‘‘an officer’’ after ‘‘leave of ab- sence to’’. 1979—Subsec. (c)(3). Pub. L. 96–54 substituted ‘‘Office’’ for ‘‘Commission’’. 1978—Subsec. (c). Pub. L. 95–454 substituted ‘‘Office of Personnel Management’’ for ‘‘Civil Service Commis- sion’’. 1968—Subsec. (c). Pub. L. 90–623 substituted ‘‘2’’ and ‘‘30’’ for ‘‘two’’ and ‘‘thirty’’, respectively. 1966—Pub. L. 89–747 added subsec. (c) and inserted ref- erence to leave for crews of vessels in section catchline. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–465 effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of Title 22, Foreign Relations and Intercourse. EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96–54 effective July 12, 1979, see section 2(b) of Pub. L. 96–54, set out as a note under section 305 of this title. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–623 intended to restate without substantive change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90–623, set out as a note under section 5334 of this title. Executive Documents DELEGATION OF FUNCTIONS Functions of President under subsec. (a) of this sec- tion delegated to Office of Personnel Management, see section 1(2) of Ex. Ord. No. 11228, June 14, 1965, 30 F.R. 7739, set out as a note under section 301 of Title 3, The President. EX. ORD. NO. 10471. AUTHORIZATION TO GRANT LEAVES OF ABSENCE Ex. Ord. No. 10471, July 17, 1953, 18 F.R. 4231, as amended by Ex. Ord. No. 12292, Feb. 23, 1981, 46 F.R. 13967, provided: 1. The heads of the several departments and agencies of the Government are hereby authorized and empow- ered, without the approval, ratification, or other action of the President, to exercise, with respect to personnel in their respective department or agency, the authority conferred upon the President by section 6305(b) of title 5 of the United States Code, to authorize leaves of ab- sence in accordance with the said section 6305(b) to per- sons who receive compensation in accordance with sec- tion 401 of the Foreign Service Act of 1980 (22 U.S.C. 3961). 2. This order shall be effective as of July 5, 1953. § 6306. Annual leave; refund of lump-sum pay- ment; recredit of annual leave (a) When an individual who received a lump- sum payment for leave under section 5551 of this title is reemployed before the end of the period covered by the lump-sum payment in or under the Government of the United States or the gov- ernment of the District of Columbia, except in a position excepted from this subchapter by sec- tion 6301(2)(ii), (iii), (vi), or (vii) of this title, he shall refund to the employing agency an amount equal to the pay covering the period between the date of reemployment and the expiration of the lump-sum period. (b) An amount refunded under subsection (a) of this section shall be deposited in the Treasury of the United States to the credit of the employ- ing agency. When an individual is reemployed under the same leave system, an amount of leave equal to the leave represented by the re- fund shall be recredited to him in the employing agency. When an individual is reemployed under a different leave system, an amount of leave equal to the leave represented by the refund shall be recredited to him in the employing agency on an adjusted basis under regulations prescribed by the Office of Personnel Manage- ment. When an individual is reemployed in a po- sition excepted from this subchapter by section 6301(2)(x)–(xiii) of this title, an amount of leave equal to the leave represented by the refund is deemed, on separation from the service, death, or transfer to another position in the service, to have remained to his credit. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 520; Pub. L. 95–454, title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 95–519, § 2, Oct. 25, 1978, 92 Stat. 1819.) Page 813 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 6307 1 So in original. Probably should be ‘‘(e)(1)’’. HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 61b (3d–5th sentences). Dec. 21, 1944, ch. 632, § 1 (1st proviso and so much of last sentence as precedes 2d proviso), 58 Stat. 845. July 2, 1953, ch. 178, § 4(a) (2d–4th sentences), 67 Stat. 137. Aug. 18, 1959, Pub. L. 86–168, § 202(e), 73 Stat. 389. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 1978—Subsec. (b). Pub. L. 95–519 substituted ‘‘6301(2)(x)–(xiii)’’ for ‘‘6301(2)(x)–(xii)’’. Pub. L. 95–454 substituted ‘‘Office of Personnel Man- agement’’ for ‘‘Civil Service Commission’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENTS Amendment by Pub. L. 95–519 effective beginning on first day of first applicable pay period beginning on or after Oct. 25, 1978, see section 4(a) of Pub. L. 95–519, set out as a note under section 5551 of this title. Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title. § 6307. Sick leave; accrual and accumulation (a) An employee is entitled to sick leave with pay which accrues on the basis of one-half day for each full biweekly pay period, except that sick leave with pay accrues to a member of the Firefighting Division of the Fire Department of the District of Columbia on the basis of two- fifths of a day for each full biweekly pay period. (b) Sick leave provided by this section, which is not used by an employee, accumulates for use in succeeding years. (c) Sick leave provided by this section may be used for purposes relating to the adoption of a child. (d) When required by the exigencies of the sit- uation, a maximum of 30 days sick leave with pay may be advanced for serious disability or ailment, or for purposes relating to the adoption of a child, except that a maximum of 24 days sick leave with pay may be advanced to a mem- ber of the Firefighting Division of the Fire De- partment of the District of Columbia. (d)(1) 1 For the purpose of this subsection, the term ‘‘family member’’ shall have such meaning as the Office of Personnel Management shall by regulation prescribe, except that such term shall include any individual who meets the defi- nition given that term, for purposes of the leave transfer program under subchapter III, under regulations prescribed by the Office (as in effect on January 1, 1993). (2) Subject to paragraph (3) and in addition to any other allowable purpose, sick leave may be used by an employee— (A) to give care or otherwise attend to a family member having an illness, injury, or other condition which, if an employee had such condition, would justify the use of sick leave by such an employee; or (B) for purposes relating to the death of a family member, including to make arrange- ments for or attend the funeral of such family member. (3)(A) Sick leave may be used by an employee for the purposes provided under paragraph (2) only to the extent the amount used for such pur- poses does not exceed— (i) 40 hours in any year, plus (ii) up to an additional 64 hours in any year, but only to the extent the use of such addi- tional hours does not cause the amount of sick leave to the employee’s credit to fall below 80 hours. (B) In the case of a part-time employee or an employee on an uncommon tour of duty, the Of- fice of Personnel Management shall establish limitations that are proportional to those pre- scribed under subparagraph (A). (4)(A) This subsection shall be effective during the 3-year period that begins upon the expira- tion of the 2-month period that begins on the date of the enactment of this subsection. (B) Not later than 6 months before the date on which this subsection is scheduled to cease to be effective, the Office shall submit a report to Congress in which it shall evaluate the oper- ation of this subsection and make recommenda- tions as to whether or not this subsection should be continued beyond such date. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 520; Pub. L. 103–329, title VI, § 629(b)(1), Sept. 30, 1994, 108 Stat. 2423; Pub. L. 103–388, § 2, Oct. 22, 1994, 108 Stat. 4079.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 2063. Oct. 30, 1951, ch. 631, § 204, 65 Stat. 681. Aug. 21, 1964, Pub. L. 88–471, § 6(b), (c), 78 Stat. 583. The word ‘‘officer’’, referring to an officer of the Fire- fighting Division, is omitted as covered by the words ‘‘a member of the Firefighting Division’’. In subsection (c), the words ‘‘with pay’’ are added for clarity. Standard changes are made to conform with the defi- nitions applicable and style of this title as outlined in the preface to the report. Editorial Notes REFERENCES IN TEXT The date of the enactment of this subsection, referred to in subsec. (d)(4)(A), is the date of enactment of Pub. L. 103–388, which was approved Oct. 22, 1994. AMENDMENTS 1994—Subsec. (c). Pub. L. 103–329, § 629(b)(1)(B), added subsec. (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 103–388 added subsec. (d) relating to use of sick leave for purposes relating to family member. Pub. L. 103–329, § 629(b)(1)(A), (C), redesignated subsec. (c) as (d) and inserted ‘‘or for purposes relating to the adoption of a child,’’ after ‘‘ailment,’’.